The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-15
ATTESTING A SIGNATURE.
The Form in Which Judge Turpie Gets
His Certificate from the Governor.
Secretary Griffin Cautiously Atheists that the
Governors Signature Is Genuine-Attor-
ney-General Micheners Opinion.

After carefully examining the law relating to
the matter, Secretary Of State Griffin yesterday
decided to attest the signature of Governor Gray
TO the document purporting to be certificate of
Judge Turpies election as United States Sem
ator, and in doing so he wrote above his name
the following:
The above and foregoing Is the certificate, and the
signature thereto attached is the genuine signature
of Isaac P. Gray. Governor
CHARLES T. GRIFFIN, Secretary of State. q
The Secretary is sustained in his action by an
opinion from Attorney-eeneral Kitchener answer-
ing questions propounded to him last week, al
though at the time the Secretary signed the GER
tifcate he had not received the Attorney-gen-
erals reply to his iuterrcgatories. In answer to
tine question. s'Is such certificate in the proper
and legal form2" the Attorney general, after
quoting Sections Is and IS of the Revised Stat
utes, says it is the duty of the Governor to GER
tify to the result of the action Ct the joint as
semby. The certificate prepared for Mr.. Turpe
was substantially within the terms of the stat
utes. Section 10 provides that 1.-The GER
tifcate shall be countersigned by the Secretary
of State" The question. the Attorney general
says, turns on the meaning of the word counter
sign, which is defined as ''the signature of a
writing signed by the principal or superior to
vouch for the authenticity of it." The statutes
make the Governor the superior officer in certi
flying to the election of a Senator of the United
States and make it the Secretary's duty to
countersign his certificate.
In answer to the Secretarv's question, sIs it
my duty to af6x the seal of the State to such
certifcate" the Attorney general says that the
first subdivision of Section $751; Revised Stat
utes of 1881, makes it the Secretary's duty to
latest all the official acts and proceedings of
the Governor, and afix the seal of the State,
with such attestation, to all commissions, par
dons and other public instruments to which the
signature of the Governor is required" AS the
certificate is official act of the Governor. and
public instrument to which his signature is re-
CURED. the Attorney general holds it to be the
Secretary's duty to affix the seal of the State
to it.
''In signing such certificate, does the Secre-
tary of State thereby assent to the truthfulness
of the writing and the statements therein con
tanned, or does he simply attest the genuineness
Of the signature of the Governor without regard
to the contents Of the witng itself2" asked Sec
rotary Griffin. In reply the Attorney general
states that the Secretary merely attests that
Isaac P. Gray is Governor and that it is his sig
| nature which is attached to the certificate.
I'VE KNOW" he further says, 'as matter OF
| public history that there is a dispute as to the
| legality of the alleged election of Hon. David
| Turpie to seat in the United States Senate.
| and it may be well to SO frame your attestation
that it shall do. nothing more than declare who
| is Governor and that his signature is attached
| to the certificate"
| HAS the Governor" the Secretary also asked,
any control over me as to the manner of the
| performance of my official duties?" TO which
| Attorney general Kitchener replies HE has not.
AS general rule. you are entirely independent
of him in the performance of your official duties.
| You are not in any sense his clerk secretary.
| Your Office is created by tho Constitution and
| your duties are prescribed by the statute You
may refuse to perform act asked of you by
| the Governor, unless it's required to be done by
| law and you may also refuse to recognize as
| valid any act of the Governor when it is sough,
| TO predicate thereon some official act of you,
| own. If the statute required you t
| make the certificate in connection with the Gov
ernor. or if it required you to perform any indie
pendent official act growing out of the matter:
stated in the certificate, then it would be clearly
your right TO question the validity of the alleged
election, but, as the question is presented, yor
have nothing to do but TO decide whether tn,
Governor has signed the certificate. and then &C
accordingly"